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Monday, December 17, 2018

'Law and Hickey Judicial Body\r'

' bailiwick 9-1 PERFROMING RIGHT SOCIETY, LIMITED v. HICKEY Judicial ashes: Zambia, in high spirits Court at Lusaka, 1978, Judge Sakala Facts: secure incursion, Innocence of infringement; Injunction for damages resolution: Defendant played records of copyright music during a public performance. Defendant also performed the song without the authority of the copyright possessor. This is an infringement and the song’s composer wants to be compensated for the use of his song. History: Defendant violated copyright laws by performing and playing records at his disco.\r\nDefendant did admit, but did non understand that he had violated both law. Plaintiff filed for an injunction of damages, and every profits earned during the time that his songs were performed and played. Decision: Zambia, High Court at Lusaka ruled that the suspect was not clear about the copyright laws and did not intentionally set out to violate the laws. The court of justice ordered that defendant woul d be liable for any profits made the night of the disco. Relevancy:\r\nThis boldness provides a reminder that any invasion of a right of property gives cause of action to the owner against the person responsible for the invasion, regardless it was intentional or not. If an infringement is admitted , but at the time of the infringement the defendant was not aw be and had no reasonable grounds for suspecting copyright subsisted in the work , or other subject matter to which the action relates, plaintiff is not authorize to damages , but is entitled to an account of profits.\r\nThe judge was very understanding; defendant claims that he was not aware of copyright infringement. I think one needs to consider clean-living rights, as a line of descent owner, one knows that licenses are usually needed to run a eatery , disco , and club. A license is needed for the business establishment, a license if needed to serve alcohol, I suppose it slipped his mind in regards to the music he chose to play and perform. Reference: International Business Law, Text, Cases, and Readings, August, Mayer, and Bixby, fifth part Edition\r\n'

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